What is formal probation?

Formal probation is a type of community supervision that is part of the original sentence handed down by a judge at trial, as an alternative to or in addition to incarceration, for most felonies (those that did not lead to prison time or supervision under PRCS or Mandatory Supervision) and some misdemeanor convictions.[750]

Formal probation reduces or eliminates the time you must spend in custody, and allows you to either remain in or return sooner to the community, so long as you follow your probation conditions.[751]

This means that some people never serve time in custody for their conviction, but instead are sentenced to formal supervision in the community, while other people are sentenced to some time in custody, plus formal supervision in the community afterward.

  1. 750

    Cal. Penal Code § 1203(a–d).

  2. 751

    Cal. Penal Code § 1203(a).